"If there's a problem with the bookkeeping, this office has had nothing to do with it," Skipton said. " . . . I'm not going to be the one holding the bag."
Send your comments and news tips to online.editor@gmail.com, to Mr. Skipton at jimmy.skipton@gmail.com, to Mr. Baker at jawell@aol.com, to the Hays Trinity Groundwater District at manager2@haysgroundwater.com, or click on the "comments" button at the bottom of the story
The groundwater district's website: http://www.haysgroundwater.com/
By Bob OchoaEditor
The most recent meeting of the Hays Trinity Groundwater Conservation District Board of Directors was held Thursday, Aug. 19, at the Wimberley Community Center. This is the elected Board, of course, that is charged with preserving and protecting the main source of drinking water for about 35,000 residents in the western half of Hays County: The blessed Trinity Aquifer.
The meeting (attended by a handful of faithful observers and several folks who had big business before the Board) was called to order at 6:06 p.m. by new Board president Jimmy Skipton (District 1-Henly/Dripping Springs-west). Jimmy is a plain spoken fellow and can be quite the showman. By all appearances, he's having great fun serving as president. On this particular occasion, he presided over a long and raucous session much like the ringmaster at a three-ring circus.
Not to denigrate anyone on the Board, or their intentions – but this 3 and 1/2 hour long "meeting" was all down hill from the word go, punctuated by short tempers, shouting matches, name calling, charges of conflict of interest and statements about the "water fairy" saving our groundwater supply. Skipton also gave a boisterous defense that "this Board" is "NOT DYSFUNCTIONAL!", contradicting a recent report from the Texas Commission on Environmental Quality that the District IS exactly "dysfunctional" in its current form. (The report, the TCEQ and the Legislature will be figuring prominently in a possible reformation of the HTGCD to include western Comal and Travis counties. Some political and special interests in Hays County will be fighting tooth and nail to make sure that never happens. See the very lucid report for more details.)
[Note: We're thinking the Board could serve the public much better if it considered shortening its agenda and is better prepared to discuss the background of these very important matters and their implications on the long term health of our water supply.
A Board that makes decisions on the fly, seat o' the pants style, won't cut it. Thousands of people who depend on private wells for their water are getting the short shrift when we have a Board that approves more pumping from the aquifer based on how generous it is feeling on a given day. The groundwater district, in 2008, estimated that private home (so-called exempt, non-regulated) wells are drawing 783.3 million gallons from the aquifer each year. This does not include the hundreds million more gallons being withdrawn by the regulated public water companies. Our groundwater is being extracted (often wasted) at a breathtaking rate, much faster than it can be replenished by rain. The supply is dwindling and it is simply not being preserved and nurtured as it should be for future generations – you know, for our kids and grandkids to use and enjoy.]
Members of the HTGCD Board elected in May,
from left, Joan Jernigan, Mark Key and Jimmy Skipton
from left, Joan Jernigan, Mark Key and Jimmy Skipton
Meeting called to order, Treasurer's report and opening remarksTreasurer Mark Key (District 3/Dripping Springs-east and south) reported $40,058.05 remaining in the current year's budget. The district has requested a $182,000 funding supplemental from Hays County. "I have no clue what we're going to get," he said. (County commissioners have agreed to extend to the district $100,000 plus a $25,000 public education grant.) Key gave a thumbs up to a "nice piece" district education proposal from Board member Joan Jernigan (District 5/Wimberley). Ms. Jernigan said she's working on a $40,000 education program proposal.
Staff geologist Wes Schumacher reported that is he updating the district's monitored well levels in the database.
Board president Skipton informed all present about the district's "missing files . . . if the press needs to see something, we don't have it . . . the files are missing," he said.
Skipton announced a preliminary public hearing on Oct. 28 on TCEQ's recommendation to combine Hays, Comal and Travis counties into one groundwater district. He said, "I want to have a resolution done that we would not like to join with them in this district; I want an action item on next meeting's agenda."
Skipton gave an update on the district's "folio" project – a massive 8-year long scientific research undertaking on the Trinity Aquifer in a three-county area that is being compiled into a printed and electronic file report and will soon be made available to the public. He said problems had arisen with the project's funding accounting. "If there's a problem with the bookkeeping, this office has had nothing to do with it," Skipton said. " . . . I'm not going to be the one holding the bag . . . I had assumed everything would go through the (district's) folio account but it hasn't." The district's budget included an initial investment in the project of $28,000. It was reported that well over $200,000 has been invested in the folio's production.
David Baker, Board vice president (District 4/Woodcreek/points north and south/west to the county line), arrived late to the meeting. He took his seat, and in his soft-spoken manner chastised two members of the board for digging into his personal tax records and spreading "blatantly false information" about his role as executive director of the Wimberley Valley Watershed Association, the organization that oversees management of the Jacob's Well Natural Area."I think we're not working together in a cooperative way . . . I feel this Board has steered away from conservation" and is now more interested in "mining of the aquifer," Baker said. "I don't feel this board is doing what it's supposed to be doing; we need to be looking at science and not our ideas."
Baker again invited Board members Skipton, Key and Nesbitt to visit Jacob's Well for a first hand look at the conservation efforts underway to save the natural artesian well (and Cypress Creek) from drying up due to population growth and excessive pumping of the aquifer. (Go to this link http://www.cypresscreekproject.org/ for a report on the economic impact of Cypress Creek in the Wimberley area.)
Board member Key shot back, "We don't agree, David. I am furious, still furious" (that Baker is paid by the watershed association for his work on behalf of Jacob's Well) . . . "There is a clear and present conflict you being on this board . . . you are a paid agent of the Wimberley Valley Watershed Association." (Key was nervously flipping a pen in his hand and he looked like he was ready to jump out of his skin.)
Baker to Key: "A conflict of interest is being a developer; we are conserving (Jacob's Well) and that's the purpose of this (district)."
Hearing items
Dr. Guy Hodgson permit - Long story short, Dr. Hodgson owns a well that serves agricultural use and six cottages on his property. The well was placed under a non-exempt (regulated/metered) status some time back and the doctor asked the Board to remove the restricted status and return (grandfather) it to exempt status. In 2009, the well pumped 866,170 gallons, over-pumping its alloted amount by 18,985 gallons. So far in 2010, the well has pumped 555,750 gallons. The well is permitted to use 2.6 acre-feet a year. "Good to see your faces on the Board," Dr. Hodgson told the new members of the Board. A long discussion ensued about the well's historical and current use. It was pointed out that "exempt" wells are defined as serving a single-family dwelling/property and this well is serving 6 residences. The board would be setting a troublesome precedent if it granted an exemption. Board member Jernigan suggested getting a written history of use of the well and "get an opinion from an attorney." Board president Skipton moved to table the item, get a legal opinion and in the meantime he would go out to the place for a personal inspection. The motion carried.
Cielo Azul Ranch permit (inside Jernigan's district) - A regulated, non-exempt well pumped 4.3 million gallons in 2009, over-pumping its permitted amount by 2.3 million gallons; has pumped 1.57 million gallons so far in 2010. A Mr. Garza (not present) has over-pumped by 214%. No one (reportedly not even Garza) was sure where all the water's going nor to whom (a trailer park maybe or maybe being stolen and sold somewhere). Jernigan said some of the water is serving "a mobile home park occupied by migrant workers - children served by local churches." Under current rules, Garza faces $15,000-plus in fines for noncompliance, exceeding the production limit. Board member Key argued a fine would be "ludricous" with little chance of it being paid. Member Greg Nesbitt (District 2/Dripping Springs-north) asked, "can we give the guy a window in which to fix this . . . start the clock today on the fine?" Jernigan said, "he (Garza) is not broke, the church says he has plenty of resources." Board member Baker said, "We have rules that this is a clear violation of; it's a procedural thing – if they are violating the rules you take legal action (then negotiate)." The Board voted 5-0 to set the clock on fines sometime in July and start an action against Mr. Garza.
HTGCD boundaries/about 360 sq. miles
(click to enlarge)
(click to enlarge)
Aqua Texas Line LossMuch more discussion ensued on several other agenda items, among them, a proposed "stand still" agreement with Aqua Texas, in which the district would hold off legal action against Aqua Texas to hold the for-profit water company serving Woodcreek and Woodcreek North accountable for tens of millions of gallons in annual "line loss" or "waste" as the district's Rule 9 defines it. The proposal was brought by Board member Baker. Baker said Aqua Texas has threatened to sue the district if it attempts to enforce its water waste rule.
The proposal, Baker said, would delay enforcement action and allow the parties to work out a solution on the water system's prolific leaking. "I think it's important we try to work it out with them and set a permit that's reasonable and not negatively impact Jacob's Well and not impact their ratepayers," he said. "The goal is to supply water and not dry up the spring." Baker said when Aqua's Well 23 is pumped it causes a noticeable drop in the flow at Jacob's Well. Cost to AT to repair its leaky system is estimated at $5 million, which can be passed on to customers.
Board president Skipton challenged Baker's proposed delay: "The stand still to me says another 6 months to figure this out. Let's go, let's fix it! . . . When they bought this system it was leaking, and it's leaking today, and they've got the money to fix it . . . I'd like to bring this to a head. If it takes $5 million, let's do it."
Baker withdrew his proposal.
Long term permits for public water companies
Managers from Wimberley Water Supply, Dripping Springs Water Supply and Aqua Texas were present in the audience for this item. General Manager of Wimberley Water and former mayor, Tom Haley, explained to the Board his water company could plan better for the future if it was granted a 5-year permit with annual increments in its pumping allowance to meet projected growth in customers. Water companies currently are required to bring their permits to the Board annually for review (revising permitted amounts up or down if need be). Haley asked the Board to approve a permit with allowable pumping increases of 3% and 5% through the next five-year period to accommodate anticipated growth. He pointed out Wimberley Water has an outstanding record of conservation and line loss reduction. "We are the most conservation, conservative (water supplier) around," he said. "So help us."
Former Board member Jack Hollon, said, from the audience, Wimberley Water's growth projections are high compared to statistics from recent years.
"I think a five year plan is good for our district," said Key. "It allows us to plan ahead." Mr. Skipton added, "I don't see how it hurts to give longer term permits."
There was some discussion about the water pumping limits the state is imposing on groundwater districts around the state (a program called Managed Available Groundwater/Texas Water Development Board). "I want to have the MAG in place before we agree to long term permits," said Baker. "I don't think this district should be turned over to the water companies," added Andrew Backus, from the audience, also a former member of the Board.
Board member Jernigan said, "I would like to see the water companies advocate rain water (collection) and redirecting water to the aquifers." Mr. Haley said his water company wholeheartedly supports rain water collection. Haley later told the Board Wimberley Water is "sitting on a bucket of water," meaning they currently have a terrific source and supply of groundwater from their wells.
The item was tabled for further analysis and discussion.
We're closing in on our permitted time limit, so we'll end for now and maybe come back with more observations on this wild and crazy meeting. We'll see you at the circus the next time.
22 comments:
Baker's personal finances weren't on the agenda for discussion but Baker brought them up. His complaint was that people were talking about his conflicts at an earlier Commissioners Court meeting relating to Jacob's Well. Baker forced others to address his claims at the HTGCD meeting - which they did well enough that Baker packed up his bags and left the meeting while a pending motion was on the table. Why didn't RoundUp report Baker's early exit as well as his late entrance?
By the way, RoundUp characterized the HTGCD Board as being "elected". Baker, however, was not elected by his district residents. He was appointed by the prior board regime.
As to missing files, the new board has been publicly making this complaint since they were sworn in. Now-former employees resigned once they learned the old regime got booted but waited until the new board members were being sworn in to announce the resignations. It's rather cheap but not unexpected of RoundUp to suggest the new board is responsible for the missing files. Perhaps it would be more enlightening to know WHICH personnel files have disappeared.
Finally, Baker's claim that he doesn't have a conflict is ludicrous. He is not elected by the residents. He is a paid employee of the WVWA. He consistently uses his position on the HTGCD to get preferential treatment exclusively for Jacob's Well which is owned by WVWA and which Baker is seeking to sell to the county.
By the way, the correct link for the TCEQ notice is
TCEQ Notice
and the correct notice for the final report is
TCEQ Final Report
I agree with the first anonymous --- why didn't you write about Baker storming out of the meeting? Sounds to me like the boy is developing a thin skin, a short fuse, or both.
As to his almost "devil may care" attitude toward the notion of a conflict of interest --- he's quickly sinking to the level of a Will Conley.
Two words Mr. Baker: Heat; kitchen.
Let the water glutton development interests get their permits to use up most of the water in Hays County.
The smart residents of HC will be out of here by the time the county is a water mess and over-developed (hell, we are almost there now). I suggest folks on the rivers sell their properties once the real estate market rebounds for a year or two and take the money and move on.
The American dream is turning into an American hell because of tea party bullies and hypocritical liberals who think God has chosen them to supply them with unlimited natural resources.
The new members of the HTGCD are the first step toward the ignorant exploitation and slow destruction of Hays County.
Yes, Bubba, I will be gone when you are paying $200 to $300 a month for sub-par water.
Redneck Progressive sounds like an ignorant bigoted lout. I bet he also supports illegal immigration! How much water is being soaked up by the illegal aliens who live in this County that can be deported? That would save quite a bit of water. (In fact, part of Bob's story even said that one of the wells that is being overpumped is serving an illegal alien camp - or as it is more commonly known as - mobile home park).
As for the liberals moving out of town? Can I help? Will be happy to drive the U-Haul for you (at least as far as the County line). Don't let the door hit you in the fanny on the way out! (This is probably the same lame promise that liberals made about moving out of the US when George W got elected...promises, promises...)
David Baker doesn’t see that he might be in a conflict. He is paid well (excuse the pun) by one organization that he directs, and is on a Government Board that pays him nothing but has the power to protect the object that secures his paying job. He does not see that as a conflict. The dirty little secret is that the Trinity Aquifer can exist without Jacob’s Well, but the Well can’t exist without the Aquifer. This being the case, zero drawdown and other ‘don’t pump’ ideas like moratoriums are what he supports on the HTGCD Board.the Board.
I went to the district web site and read the mission:"to conserve, preserve, recharge and prevent waste of groundwater". Even a circus clown could read it.
The water war in HC is fully engaged between the water takers and developers and the water conservationists. The mission of this new battalion deployed on the district board is to capture and plunder Jacob's Well and then Cypress Creek. What's the next target, the Blanco River? To hell with what they mean to the culture and economy of Wimberley.
To me it is pathetic that people are not aware or do not care enough to take a stand against this invasion of water plunderers.
Thanks to Anonymous #1 for posting the links to the TCEQ “Notice” and “The Final Report”. It is funny how things like less local control and centralization of government just sneak through undetected. To the water huggers, I would say, “be careful what you wish for”.
I would really like to know who initiated this take-over of our representation in this matter. Just because the election for the HTGCD Board didn’t come out the way some wanted it to, they have been sniping at the new Board at every turn. Andrew Backus has been at every meeting with his arguments. He is a sore loser and since he lost twice he is real angry at losing his crown and control.
The outgoing members and staff did everything they could to handicap the new Board members. They walked out of the HTGCD at the moment the new members were being sworn in. Now it looks like some of them may have also walked out with some of the District’s financial records relating to the “Folio” project. This needs to be investigated by law enforcement and I hope Jimmy Skipton will push for that ASAP.
The New centralized board will be the worst of all choices and it appears that we are powerless to stop it. If you don’t want to wade through “The Final Report”, just read pages 34-36 for the particulars. Damn the TCEQ!
your house would have cost 25% more if it were not for the mexicans [sic] working with your white contractor
It would probably be more than 25% and you could forget about any landscaping or trash pickup. I get really tired, though when anyone who complains about illegal immigration is automatically called a racist. I complain because it is a social problem of our own making enhanced by both political parties and I have no prejudices against Mexicans legal or otherwise. We are going to have to deal with the problem sooner or later.
Our Presidents, past and present have not had the cohones to deal with unchecked immigration and the present one is totally asleep at the wheel. And, NO that has nothing to do withy his race, it just worked out that way, he’s the worst.
We have a real problem with our schools and hospitals being overloaded with so called, “undocumented workers” and their families. To say it has nothing to do with our present economy is just plain wrong. Our economy is in danger because of the last 10 years of the lack of leadership in Washington. I say vote ‘em all out and bring in some fresh faces regardless of color.
What does racism have to do with the waste of our ground water? Everybody is guilty of doing it, especially the biggest waste glutton of all AquaTexas. All white management I believe. I agree with Mr. Skipton. Stop Aqua's wasting now!! If the people got to pay a higher bill, so what. Make them pay. That will teach them and their city council and mayor and Baker and Conley to keep sucking up to Aqua. Stop the waste now!!!
Last Anonymous is correct. Our local water in HC has nothing to do with racism except for the local Tea Baggers protesting at the Wimberley post office Friday. What was that about? Protesting the socialist Obama government and his red comrades that work at the post office?
Between the Las Flores community terrorists harassing folks that live on Las Flores and the Tea Baggers at the post office, Wimberley is becoming a bastion of hate and anger.
That's what our county water opinions have to do with racism: growing hate, anger and self-serving interests by the local white power elite.
Woodcreek North where the biggest waste (48%) by Aqua-Texas (ATI) occurs does not have a Mayor or City Council, because it is unincorporated. It does however, have a POA, namely the infamous WPOA. They have been sucking up to ATI trying to get roughly half of the franchise fee currently being paid to The City of Woodcreek. ATI’s current stance is that they are paying a fee to the City that is supposed to cover both Woodcreeks so it partly belongs to Woodcreek North. Of course, the WPOA agrees but may have to litigate the claim with the City of Woodcreek who most likely does not agree. Now ATI is refusing to pay the WPOA for permits when adding new service in their domain. When the stuff hits the fan, ATI will likely just stand by and watch with a grin. I am surprised none of the local media has picked up on this drama.
A property owners association is not a political subdivision of the state. A property owners association is a private corporation. A private corporation has no authority to demand municipal franchise fees. The homeowners and their properties would be far better off without a property owners association.
Yes, Anonymous is correct. Subdivisions should let their individual residents get screwed by water companies on their own. Having an association try to negotiate on their behalf is just socialism - Obama style. I bet the association in question is a potential terrorist group, trying to corrupt our anglo-saxon way of life.
Well KKK, that's a pretty poor mask your wearing.
Membership in the POA is "involuntary". As such, the POA inherently does not represent the interest of its members. The POA can only claim to be representing its members if membership is voluntary. Involuntary memberships ensure graft and corruption, period. From the members' standpoint they are still paying the water utility. The members aren't any better off when money is diverted to the POA corporation and its agents.
Very good, Anonymous. You got me.
OK, how about we join the Green Tea Party and outlive the water here in HC?
The word on the street is that Aqua-Texas (ATI) has or very soon will be asking the TCEQ for yet another rate increase for the Woodcreeks even though they have never stuck a shovel in the ground to fix their excessive and obscene (41%) water leaks. A neighbor that has moved away and is trying to sell his house reports that his water/sewer bills for last months have been just over $153 for each month, and the house was vacant with zero water use!
ATI will, as they have previously said, say they need the increase to fix their water leaks when they have no intentions of doing so. The leaks were there when they bought the system, they should fix the leaks with their own funds or be fined heavily.
The sad news is that the TCEQ will likely approve the increase as they have two previous ones with in the last 2 or 3 years. No one seems to be able to stop this including the POA who ludicrously claims that if the subdivision was incorporated, NOT. If any other business or individual pissed away 80,000,000 gallons of aquifer water a year they, would probably be jailed. Since their sewer system is of the pressurized type, I suspect they are leaking raw sewage into the ground as well. Drawdown, conservation, and Jacob’s Well are nice subjects for debate but we are drowning in water bills out here.
Anyone who buys a house in Woodcreek or Woodcreek North ought to get his or her head examined. I bought my house 2 years ago and no developer, nor builder, nor real estate broker, nor POA warned me about these horrendous water rates. I didn’t check it for myself and now all I can do is warn other potential buyers.
KKK, it's not vital for most folks' sense of self worth to be part of a tribe, gang, or "association".
Your prior post was directed at ensuring the "association" got its cut of spoils from the residents - not conservation of water. Pursuit of a cut of franchise fees is not compatible with "conservation" since the "association" would recognize greater profits from greater consumption of water. No doubt, the POA would soon be threatening people with fines unless they kept their yards unrealistically green under the pretext of preserving property values.
Eliminate the POA to save money for residents. Of course that means you might not be able to impose your "Anglo-Saxon" ways on your neighbors.
It is interesting that the POAs say they are for water (aquifer) conservation and looking out for their citizens, when they profit greatly from more home building in their area. The get more funds from Building Permits, Road Cuts, Maintenance Fees, Utility hookups, Improvements permits, and Fines for non-compliance. I almost forgot the profits from Foreclosures and surrendered properties. In other words, the more water users they have the more money the POA makes. Sound like conservation?
Drowning,
The word is that ATI is also seeking to acquire the La Ventana system. However, a few residents tried to ensure the right to be independent from that developer owned water system. The ensuing litigation proved that it was really about holding homeowners hostage to an uninvited monopoly for the benefit of a New York hedge fund.
Now I don't know if Woodcreek is on a separate tariff than the rest of ATI's customers, but ATI obtained a "regionalization" rate from TCEQ which was highly controversial but was supposed to be for the benefit of all customers. Instead of payments going to improve your system exclusively, now all customers have to pay a higher fee which is supposed to be used in part to fix all of ATI's water systems in the region over time. I personally think it's a hat trick. you know, "everyone put money into the hat" and then someone is going to walk off with the hat. The question is if Woodcreek is part of the regionalized rate structure, then why would ATI be able to charge them again for these repairs?
The POA in La Ventana threatened and intimidated most homeowners into giving up their right to a residential well. There are about 10 properties, however, where the POA cannot prevent homeowners from having a residential well. This is because the POA lost in the litigation. In addition, the developer has not been able to get clear title to the water system because of its inability to agree to be bound to representations made to regulatory authorities. As a result, they cannot "flip" to ATI at this point in time.
I encourage you to protest in administrative proceedings (SOAH) where possible. You should also protest TCEQ's attempts to create a larger GCD with taxing, metering, and uninvited entry authority. These are all about control of water and you are not the intended beneficiary. Rather these entities are being created to profit at your expense.
To Drowning: you've exposed one of the hidden truths about POAs. The owners and Realtors don't want to tell you such things because it would discourage you from buying. They won't tell you about the management companies, the number of properties foreclosed upon by the POA, the financials, the vendor contracts, resale certificate racket, etc. Instead it's painted as a local democracy that everyone participates in. If it was such a great thing membership wouldn't be involuntary.
As to the water rates, a municipality is a political subdivision of the state and has a much greater direct say on water rates outside of the TCEQ processes. You could accomplish a lot by getting rid of the POA and those non-deductible assessments. The POAs claim to preserve property values. They don't "preserve value" for the owners. They are a tool for a lot of other entities to extract money from owners.
Last 2 annons addressing Drowning -- your information is very detailed and helpful. What is a SOAH and who might I call at the TCEQ to learn more about ATI's "regionalization" rates?
Btw,are you related to a Mr. IC_Delight?
The SOAH is the State Office of Administrative Hearings. SOAH is the forum for administrative proceedings from a number of state agencies - including TCEQ. SOAH has their own administrative rules, however, they defer to agency specific rules for certain agencies including TCEQ. You do not need to be an attorney to represent others before this administrative agency.
Regarding municipalities, certificates of convenience and rate-setting, refer to the Texas Water Code, particularly Chapter 13:
Water Code Chapter 13
§13.042 refers to the jurisdiction of municipalities. Within reasonable constraints, water rates are the exclusive original jurisdiction of the municipality unless the municipality chooses to surrender jurisdiction to TCEQ.
Contact the TCEQ utilities division to obtain a current tariff for your provider.
Regarding the "regionalization" decisions, look for SOAH docket nos. 582-05-2770 and 582-05-2771. The corresponding TCEQ docket nos are 2004-1120-UCR and 2004-1671-UCR. These are specific to AquaTex. Both the proposal for decision and the proposed order will be of interest. If you can find a link to older decisions at SOAH, the proposal for decision was around July 2007 and the order would have been after that.
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